02/14/2007 ZONING BOARD OF APPEALS Minutes

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• TOWN OF MASHPEE Zoning Board of Appeals Minutes — Wednesday, February 14, 2007 The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, February 14, 2007. at the Mashpee Town Hall. Board Members Robert Nelson, Zella Elizenberry, and Jonathan Furbush were present along with alternate members James Reiffarth and George Boton. Mr. Nelson brought the meeting to order at 7:00 p.m. Michael Corwin and Melanie Kim: Request a Special Permit from Sections 174-17, 174-20, 174-24C, 174-59 and 174-63 of the Zoning By-laws in order to raze and replace a pre-existing non -conforming structure on a non -conforming lot on property located in an R-3 zoning district at 48 Fells Pond Road (Map 116 Parcel 25) Mashpee, MA. Michael Corvin and Melanie Kim: Request a Variance from Sections 174-31, 174-33 and 174-59 of the Zoning By-laws to seek relief from setback requirements, lot size, frontage requirements and lot coverage, distance to the wetlands and flood plain requirements of the Zoning By-laws in order to build a new dwelling on property located • in an R-3 zoning district at 48 Fells Pond Road (Map 116 Parcel 25) Mashpee, MA. Sitting: `Robert Nelson, Zella Elizenberry, Jonathan Furbush, James Reiffarth and George Bolton. Attorney Kevin Kirrane of Dunning & Kirrane represents the applicant at this hearing. They are seeking a special permit and a variance in order to raze and replace the existing dwelling. They dwelling is a pre-existing non -conforming house and they are proposing a new dwelling that is not anymore detrimental to the area. They still are not far enough from the wetlands and cannot meet the existing setback requirements, however they will not be more non -conforming in the proposed situation. The site contains 16,700 square feet and has frontage of 100 feet along Fells Pond Road. Current zoning requires 150 feet of frontage, 40 feet from the front for the dwelling and 15 feet on the side setbacks. Applicant is seeking to upgrade the property as is evident of what the surrounding properties have undergone. The current proposal will put the lot coverage at 21.2% Should the board believe that the current definition of the lot area is 16,700 square feet. The Board does not believe the lot coverage should be over 20% in any circumstance. Attorney Kirrane addresses the flood zone situation and informs the Board that no utilities will be in the basement and will be above the flood plane. The Board of Health needs to be addressed. Mr. Nelson reads a letter from an opposed abutter, Jean Kelleher Niebauer, who feels they do not have a hardship and their privacy will be impacted. • Attorney Kirrane submits another site plan showing the lot coverage reduced to 19.9% for the Board to review. This is acceptable to the Board. The Board feels this can be